Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 100

Specific Relief Act, 1877-- ----Ss. 42 & 54--Suit for declaration-cum perpetual injunction and revocation of sale deed--Dismissed--Suit for declaration/possession-cum perpetual injunction filed by respondent partly accepted--Appeals before ADJ which were consolidated and decided with same fate--Concurrent findings--Challenge to--Parties came before Court for revocation of sale-deed and specific possession on basis of ownership but suit filed by respondent was rightly decreed to extent of 2 Kanal on payment of expenses of sale transaction Rs. 14000/- and a rival suit was rejected by trial Court--Both parties filed separate appeals before 1st appellate Court, which were rightly dismissed after scrutinizing record and evidence led by them--Thus, no ambiguity or illegally appears to have been committed by learned Courts below and there is now clue of misreading and non-reading of evidence because it was duty of litigant parties to substantiate their version through cogent and reliable evidence but they failed to specifically point out that which part of their evidence was misread or non-read by Courts below whereas it is necessary for party to specifically point out witnesses whose statements were misread or non-read or which document, or part of document was overlooked. 1993 SCMR 114 ref. Civil Procedure Code, 1908 (V of 1908) ------S. 100--Second Appeal--Concurrent findings--No illegality or infirmity in concurrent finding of facts arrived at by learned Courts below respectively appears to have been committed, which warrant no legal interference by this Court in second appeals--Appeal was dismissed. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHERAZ KAYANI, JUSTICE---.--- The captioned appeals have been directed against the judgment and decree passed by the learned Additional District Judge, Hattian Bala, on 24.01.2008 whereby the judgment and decree passed by the learned Civil Judge, Hattian Bala, on 16.09.2006 was maintained. 2. As common questions of facts and law are involved in the captioned appeals, therefore, the same are decided through this single judgment. 3. Common facts forming the background of the Appeal No. 56/2008 are that plaintiff/appellant,…

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